QUIZ # 1

General Instructions: Write your handwritten answer on one whole sheet of yellow paper. After
Answering, scan your paper and submit it via email to [email protected]. In the email, write
your subject as “Full Name_Section Code”. The deadline for submission is until Friday, March 21, 2025,
at 11:59 pm

I. MULTIPLE CHOICE.
Instructions: Read the following questions carefully and choose the letter that best describes the
answer.

1. The court should continue with the case and render judgement therein after trial. Once jurisdiction is
vested, the same is retained up to the end of the litigation.
a. Doctrine of estoppel c. Doctrine of hierarchy of courts
b. Doctrine of residual jurisdiction d. Doctrine of continuity of jurisdiction
2. It is the ruling or disposition of the prosecutor on the preliminary investigation and inquest proceedings
which determines whether an information should be filed in court or the complaint should be dismissed?
a. Resolution c. Preliminary Investigation
b. Information d. Certification of prosecution
3. Issued by a magistrate after a showing of probable cause, directing a law-enforcement officer to arrest and
take a person into custody?
a. Warrant of arrest c. Preliminary Investigation
b. Resolution d. Subpoena
4. It is a question of fact or issue in a pending civil case similar or intimately connected to the issue raised in a
pending criminal action whereby the resolution of the civil action is determinative of the guilt or
innocence of the accused in a criminal case.
a. Political question c. Civil question
b. Prejudicial question d. All of the foregoing
5. It is defined as an inquiry or proceeding for the purpose of determining whether there is sufficient ground
to engender a well founded belief that a crime cognizable by the Regional Trial Court has been committed
and that the respondent is probably guilty thereof, and should be held for trial.
a. Preliminary investigation c. Interrogation
b. Criminial investigation d. Criminal prosecution
6. For what offense where a preliminary investigation is required to be conducted?
a. When a person is lawfully arrested without a warrant.
b. For an offense where the penalty prescribed by law is at least four years, two months and one day
without regard to fine.
c. For an offense where the penalty prescribed by law is at least six years and one day without regard to
fine.
d. For any offense when an inquest prosecutor is available.
7. The required number of days in which the accused may ask for a preliminary investigation with the same
right to adduce evidence in his favor, if the case has been filed in court without preliminary investigation
having been first conducted.
a. Within five days from the time he learns of the filing of the information
b. Within ten days from the time he learns of the filing of the information
c. Within fifteen days from the time he learns of the filing of the information
d. Within thirty days from the time he learns of the filing of the information
8. Any lawyer or member of the bar, shall, at the request of the person arrested or of another acting in his
behalf, have the right to visit and confer privately with such person, in jail or any other place of custody at:
a. Any hour of the working day only
b. Any hour of Saturdays and Sundays
c. Any hour of designated visiting day only
d. Any hour of the day or, in urgent cases of the night
9. May be defined as the security given for the release of a person in custody of the law, furnished by him or
a bondsman, conditioned upon his appearance before any court as required under the conditions
specified by.
a. Pardon c. Probation
b. Bail d. Parole

10. Bail is the security given to for the release of a person in custody of the law, furnished by him or a
bondsman to guarantee his appearance before any court as required under the conditions hereinafter
specified. In effect, what would be the nature or form of the bail?
a. Corporate surety c. Cash deposit or recognizance
b. Property bond d. All of the above
11. Is the method fixed by law for the apprehension and prosecution of a person who is accused of a crime
and for his punishment, whenever convicted?
a. Civil procedure c. Criminal Procedure
b. Rules of Court d. All of the above
12. The independent civil action may proceed separately and independently with the criminal action, which
the criminal action is based on the same act or omission of the defendant. Said civil actions are those
provided in the Civil Code:
a. Articles 32, 33, 34 c. All of the foregoing
b. Articles 2176 d. None of the foregoing
13. How is the accidental drunkenness appreciated as a circumstance in commission of offense?
a. Exempting c. Mitigating
b. Justifying d. Aggravating
14. A married to B. During the existence of his marriage, A (husband) married C. B (1 st wife) filed a bigamy case
against A. Whereupon A filed case for annulment of his marriage with C on the ground that he was forced
and intimidated by C to marry her. Here there exists in the civil action of:
a. Criminal question c. Prejudicial question
b. Civil question d. All of the above
15. The existence of a valid prejudicial question may cause the suspension of the
a. Trial c. Arraignment
b. Preliminary d. Judgement
16. Grave abuse of confidence alleged in the information is what kind of aggravating circumstance?
a. Generic c. Qualifying
b. Inherent d. Specific
17. Bail bond is cancelled in the following instances, except:
a. Surrender of the accused
b. Acquittal of the accused
c. Death of the prosecutor
d. Dismissal of the case
18. An undertaking that is constituted as lien on the real property given as security for the amount of the bail
is called:
a. Surety bond c. Bail bond
b. Cash bond d. Property bond
19. At the hearing of an application for admission to bail, the ___ has the burden of showing that the evidence
of guilt is strong.
a. Defense c. Court
b. Prosecution d. Bailiff
20. Capital offense is
a. An offense which under the law existing at the time of its commission and at the time of the
application to be admitted to bail may be punished with death
b. An offense which is punishable by correctional penalties
c. An offense which is non-bailable
d. None of the above
21. Arrest may be made
a. Any day c. At any time of the day or night
b. At any time of the night d. None of the above
22. The modes of making arrest are:
a. By an actual restraint of the person to be arrested
b. By his submission to the custody of the person making the arrest
c. By using unreasonable force
d. A & B only
23. With regard to issuance of warrant of arrest, prosecutors are
a. Authorized to issue warrants
b. Not authorized to issue warrant of arrest
c. Authorized to conduct examination of the complaint
d. Not authorized to examine the witnesses
24. When an information is filed, the Regional Trial Court:
a. Cannot issue a warrant of arrest
b. Can issue a warrant of arrest
c. Can conduct the preliminary investigation
d. Cannot conduct the preliminary investigation
25. Intervention of the offended party in the criminal action is not allowed in the following instances except:
a. When he has waived the civil action
b. When he has expressly reserved the right to institute the civil action separately
c. When he has filed the civil action ahead of the criminal action
 d. When he has not waived the civil action
26. The complaint or information should state the following except:
a. Name of the offended party c. Designation of the offense by the statute
b. Name of the court d. Name of the accused
27. A certain husband dies before he could institute the criminal action for adultery against his wife and the
paramour. The case may
a. Be prosecuted by the husband’s parents c. Still be prosecuted
b. Be prosecuted by the State d. No longer be prosecuted
28. The place of trial for a criminal action is called
a. Territory c. Venue
b. Jurisdiction d. Motion
29. Refers to the adjudication by the court that the accused is guilty or not guilty of the offense charged, and
the imposition of proper penalty and civil liability provided for by law on the accused.
a. Conviction c. Acquittal
b. Judgement d. Conclusion
30. The duty of the party to present evidence to establish his claim is referred to as
a. Burden of proof c. Bill of particulars
b. Burden of evidence d. Presentation of evidence

II. Essay Question.

1. Jose, Alberto and Romeo were charged with murder. Upon filing of the information, the RTC judge issued
the warrants for their arrest. Learning of the issuance of the warrants, the three accused jointly filed a
motion for reinvestigation and for the recall of the warrants of arrest. On the date set for hearing of their
motion, none of the accused showed up in court for fear of being arrested. The RTC judge denied their
motion because the RTC did not acquire jurisdiction over the persons of the movants. Did the RTC rule
correctly? (5pts)
2. A was killed by B during a quarrel over a hostess in a nightclub. Two days after the incident, and upon
complaint of the widow of A, the police arrested B without a warrant of arrest and searched his house
without a search warrant. Is the arrest of B legal? (5pts)

GOODLUCK AND GOD BLESS!